Terms and Conditions

Sport & Spinal Physiotherapy

1. Information on this website

a. No information contained on this website is intended to be used as medical advice and the information contained is not intended to be used to diagnose, treat, cure or prevent any medical or mental health condition or for any therapeutic purposes. Before relying on any information on this website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.

b. The contents of the Sport & Spinal Physiotherapy web site, such as text, graphics, images, and other material contained on the website deemed as content are for informational purposes only. The information provided is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your therapists, physician or other qualified health provider with any questions you may have regarding a medical condition.

c. To the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from the information provided. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material in our emails, social media or on the Website.

d. We may provide health, fitness or nutritional information for educational purposes. We do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation.

e. The Sport & Spinal Physiotherapy website, Sport & Spinal Physiotherapy Facebook pages, Twitter account, Google+ account or other social media accounts may contain hyperlinks to other third party websites. Such links are provided for convenience only and we take no responsibility for the content of any hyperlink.

f. Nutritional information may be provided on this website and may be taken from sources provided by third parties. Before relying on any nutritional information provided, you should carefully evaluate the accuracy, completeness and relevance of this information for your own needs, and obtain appropriate expert medical advice relevant to your circumstances. We give no warranty that the information provided is free from error or suitable for your needs.

2. Injury

a. You are responsible for making your own inquiries and agree to seek independent advice from a healthcare professional before acting on any information or material made available to you on this website, email or social media. Our information may not be suitable for your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.

b. You agree that this website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) that advice.

c. We are not responsible for any injuries that you may suffer as a result of following information that we have provided.

d. To the extent that we supply any ‘recreational services’ or ‘recreational activities’ within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide as part of the Program. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.

3. Quality of the information

a. You acknowledge that the information provided may not be error-free or uninterrupted. We do not warrant that any computer files as part sending information will be free of viruses or contamination or destructive features. Receipt of emails, or other communications such as via Facebook or Twitter from us cannot be guaranteed. However, we will use our best endeavours to provide an alternative form of communication wherever possible.

4. Security of Information

a. No data transmission can be guaranteed as secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

5. Third party products or services

a. Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Sport & Spinal Physiotherapy website or on the Sport & Spinal Physiotherapy Facebook pages. Google+ account or Twitter account; without prior written consent from us. If in our opinion you are engaged in advertising, promotion or providing advice to other members, then we reserve the right to suspend or terminate any you from participating.

6.Liability

a. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from use of the information provided by us including acts, omissions and conduct of any person. Where information is made available to you by third parties, for example via our social media pages, we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

b. To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the information; regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.

c. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition.

7. Indemnity

a. You agree to indemnify and keep us, our employees, agents and subcontractors, indemnified from and against any claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, our employees, agents and subcontractors, or any third party, which arises as a result of your breach of these Terms of Use or as a result.

b. You agree to indemnity and hold us, our employees, agents and subcontractors, harmless against all demands, claims, causes of action, interest and costs which we, our employees, agents and subcontractors, may suffer as a result of your negligent actions and omissions.

c. You agree to indemnity us and our employees, agents and subcontractors, against all liability for loss, costs, damages, interest and expenses (including all legal costs incurred by us on a full indemnity basis) which may be paid, suffered or incurred by us, our employees, agents and subcontractors, in connection with any proceedings commenced by any person against us in any way relating to your conduct. Any such amounts will be payable by you on demand by us.

b. We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use the information solely for your personal, non-commercial purposes and only for those purposes. No part of the Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.

9. User-Generated Content

a. You may post information, photos, content, and/or upload materials to the Website, Sport & Spinal Physiotherapy Facebook page, Google+ account, Twitter account or other social media account owned and managed by us (User Content). We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason (or for no reason at all).

b. Notwithstanding our right to monitor, review and edit any User Content, we are not obliged to do so. We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.

c. We are not responsible for how other users may use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Sport & Spinal Physiotherapy Facebook page, Twitter account, Google+ account or other social media account owned and managed by us, that is accessible to the public.

d. Some User Content may refer to events or activities that are organised by other users. We are not responsible for organising these events and activities, and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk.

e. You are legally responsible for all User Content you submit.

10. Variation

a. You agree to be bound by the latest version of the Terms of Use. We may vary, amend or add to these Terms of Use at any time.

11. Personal Information Collection Notice

a. In registering for access to our Website, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. If you do not provide all of the personal information that we request, then we may not be able to provide all or some of our service to you.

b. We collect, use and disclose your personal information for the reasons set out in our Privacy Policy. We usually disclose personal information that we collect on a confidential basis to our contractors and service providers (including financial service providers) so that they can provide services to us (so that we may provide services to you). Unless you ask us not to, we may also use your personal information to send updated information and other promotional material to you.

c. You consent to your personal information being used and/or disclosed for any reasons given to you by us (at the time of collection) in relation to the use and disclosure of your personal information, including the reasons set out in our Privacy Policy. You also consent to us using and disclosing information about you for the purposes of displaying your User Content, displaying the results of competitions, promoting the service and encouraging other members as well as to financial service providers to allow processing of your payments.

d. The Privacy Policy document contains information about how you may access personal information that we hold about you, and how you may notify us about a breach of the privacy laws.

12.Survival

a. The terms underneath the following headings survive the termination and expiry of this agreement: “limitation of liability”, “indemnity”, “intellectual property” and “user-generated content”.

13. General

a. These Terms of Use constitute the entire agreement between you and us and governs your use of the information provded and supersedes any prior version of these Terms of Use between you and us with respect to the Website.

b. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect.

c. In these Terms of Use references to the parties is to be read as references to or including, as appropriate, their respective successors, transferees and assigns as well as employees, partners, agents and related bodies corporate.

d. If a provision, or part of a provision, of these Terms of Use are void or voidable that provision is servable and the remainder of this Agreement has full fare and effect.

e. You must not assign any of your obligations under the Terms of Use without our prior written approval. We may assign our obligations under the Terms of Use without prior notice to you.

14. Marketing Material

a. We may use your personal information to provide you with material, promotions and communications from time to time about services and products available to you from us, or from other service providers in partnership with us, or to invite you to continue to use our services. This information will only come from us. We will not on-sell your personal information to other providers without your consent.

b. You may opt out of receiving promotional materials from us at any time by contacting us.

Accessing Personal Information

7.1. It is your responsibility to advise us of any changes to your personal details to ensure we can keep our records accurate and up to date. If you believe that the personal information we hold about you is incorrect, you are entitled to request amendment of such information. You may also request that we delete the personal information that we hold about you. Please note that if we delete your contact information, we may not be able to provide you with the Program.

7.2. If you request us not to use personal information in a particular manner or at all, we will adopt reasonable measures to observe your request but we may, to the extent permitted by law, still use or disclose your information if you subsequently consent to the disclosure or we believe the use or disclosure is reasonably necessary to assist a law enforcement agency or as otherwise required or authorised by law. If you know the information we hold about you is not accurate or complete, please notify us.

Winners are under no obligation to continue with any services provided by Sport & Spinal Physiotherapy. The remedial massage is a one-off service as provided.

Not redeemable for cash.

Non-transferrable

Refer a Friend Voucher

Massage available at our CITY WEST PRACTICE ONLY

Friend referred must be a new client to Sport & Spinal Physiotherapy and has not been seen by a therapist at either our Gungahlin or City West practice.

Free 30 minute massages must start no later than 3pm Monday to Friday.

Upgrade to 60 minute massage available for additional fee

If you upgrade to a 60 minute massage at our City practice a $35 upgrade fee applies

Voucher must be presented at the time of the appointment for voucher to be redeemed.

Sport & Spinal Physiotherapy reserves the right to charge the full fee should the voucher not be presented.

Voucher will be cancelled should the recipient fail to provide less than 8 hours notice of any cancellations and change in appointments for this offer.

This voucher expires in 30 days from the date the voucher was emailed to the referrer.

All details of the voucher must be completed for voucher to be redeemed.

Voucher will not be redeemed if any monies are owing on the account of the recipient for private full fee paying clients.

One voucher per client per visit.

Redeemable for massage treatment only, not stock sales or other services.

Not to be used in conjunction with other offers.

Not redeemable for cash.

Non-transferrable

Free Physio Pre-assessment (City Only)

Free 10 minute physiotherapy pre-assessment.

There is no obligation to book further physiotherapy treatment through us.

Should you decide to proceed with a full physiotherapy assessment/treatment extended consultation after your initial FREE pre-assessment, you can do so at the same price as a standard session so long as it takes place within 7 days of the pre-assessment.

Depending on availability, we may be able to proceed with the full assessment/treatment immediately after your initial FREE pre-assessment.

Only private clients are eligible. This offer is not available for compensable clients such as motor accident insurance, workers compensation insurance or Veteran Affairs clients.

Not redeemable for cash.

One voucher per client.

Available at our City West clinic only

The New Client Welcome voucher is unavailable to the client once this voucher has been redeemed.

Free Podiatry Pre-Assessment

Free 10 minute podiatry pre-assessment.

Available for podiatry services only.

There is no obligation to book further podiatry treatment through us.

Client cannot have received podiatry services previously at our practice but can have received other services.

You cannot have been referred for podiatry services in the past 12 months by one of our physiotherapists.

Should you decide to proceed with a full podiatry assessment/treatment extended consultation after your initial FREE pre-assessment, you can do so at the same price as a standard session so long as it takes place within 7 days of the pre-assessment.

Depending on availability, we may be able to proceed with the full assessment/treatment immediately after your initial FREE pre-assessment.

Only private clients are eligible. This voucher is not available for compensable clients such as motor accident insurance, workers compensation insurance or Veteran Affairs clients.

One voucher per client.

The welcome voucher is unavailable to the client once this voucher has been redeemed.

Not redeemable for cash

New Client Welcome Voucher

Available for physiotherapy, podiatry and massage services only.

The bearer is entitled to receive their initial assessment / treatment extended physiotherapy consultation at the same price as a standard follow-up physiotherapy consultation OR an initial assessment / treatment extended podiatry consultation at the same price as standard follow-up podiatry consultation OR a 60min massage for the price of a 30min massage

Client cannot have received assessment / treatment at one of our practice locations previously

Only full fee paying private clients are eligible

Not available for motor accident insurance, workers compensation insurance or Veteran Affairs clients

Full payment must occur at the time of treatment.

One voucher per client

Redeemable for treatment only, not stock sales

Not to be used in conjunction with other offers

Not redeemable for cash

Podiatry Welcome Voucher

This voucher is available for podiatry services only. This includes general podiatry assessment / treatment for skin and nail conditions and biomechanical podiatry for musculoskeletal injuries or conditions.

Not available for podiatry nail surgeries or diabetes risk assessments.

The bearer is entitled to receive their initial assessment / treatment extended podiatry consultation at the same price as standard follow-up podiatry consultation.

Client cannot have received assessment / treatment at one of our practice locations previously

Only full fee paying private clients are eligible

Not available for motor accident insurance, workers compensation insurance or Veteran Affairs
clients

Full payment must occur at the time of treatment.

One voucher per client

Redeemable for treatment only, not stock sales

Not to be used in conjunction with other offers

Not redeemable for cash

Birthday Massage Offer

Massage available at our CITY WEST PRACTICE ONLY

Massage appointments must be booked between the hours of 9am to 3pm Monday to Friday.

This voucher offer is only valid during the recipients’ birthday month

Voucher will not be redeemed if any monies are owing on the account of the recipient for private full fee paying clients.

One voucher per client per visit.

Voucher will be cancelled should the recipient fail to provide less than 8 hours notice of any cancellations and change in appointments for this offer.

Redeemable for massage treatment only, not stock sales or other services.

Not to be used in conjunction with other offers.

Not redeemable for cash.

Non-transferable

Use of our Gym

Your gym pass permits you to use our gym facilities and equipment during the clinic’s opening hours

Lost passes will be reissued for our 10 visit, 6 month and 12 month passes

Your gym pass is non-transferable

Your gym pass is non-refundable

Passes must be presented to obtain entry into the gym or a casual visit rate will apply

Expiry dates are displayed on the pass

Promotions

a. All promotions and competitions advertised by us are for new and exisiting customers of Sport & Spinal Physiotherapy.

b. If you partake in a competition, discount offer you are under no obligation to continue to use the services offered.

c. By making an appointment, and attending that appointment, for an advertised free or discount service, you accept that you are doing so voluntarily and at your own risk.

Therapy Terms and Conditions

The client (or parent in case of U/16) at all times understands and agrees to the following terms and conditions:

(1) Sport & Spinal Physiotherapy has full authority to release or obtain any information/documents to or from any referring medical practitioner, any referring health provider, the relevant insurance company and/or my stated legal advisor regarding my current medical condition that pertains to my treatment.

(6) If there is a delay in payment of any treatment costs by longer than 60 days, I acknowledge that a late payment fee of $25 plus GST will apply monthly.

(7) When I am receiving a heat treatment I should feel a mild comfortable warmth and if I feel more heat than this, or if the heat concentrates in one spot, then my skin may sustain an adverse reaction. If I feel the heat treatment becoming too hot then I am to call the practitioner immediately.

(8) If I feel any discomfort, pain or a burning sensation during an electrical stimulation treatment I am to call the practitioner immediately or otherwise I may sustain an adverse skin reaction.

(9) I am not to move or touch any of the equipment during treatment.

(10) Insurance clients may not be reimbursed the full amount from their insurer after paying our private fees. This is dependent on your insurer.

DEBT COLLECTION POLICY

In the event where this account is not paid within our trading terms the following shall apply:

(a) Sport & Spinal Physiotherapy / Gungahlin Podiatry shall without prejudice to any other remedies available to it be entitled to charge an administration fee of $25 plus GST per month for any unpaid account of 60 days or longer

(b) In the event where you fail to pay the whole amount due within 7 days of being so requested to do so by Sport & Spinal Physiotherapy in writing then we shall be at liberty to instruct a Collection Agency and or solicitors to recover the monies outstanding and you shall be liable for any costs, charges, commissions and expenses reasonably and properly payable by us to such Collection Agency and/or solicitors relating to recovery of such sum.

(c) Any money recoverable by us from you pursuant to the above clauses (a) and (b) shall be added to the amount otherwise due and shall be recoverable as a liquidated debt.

CANCELLATION POLICY

We require a minimum of twenty-four (24) hours notice if you wish to cancel your appointment. This provides the practice with an opportunity to offer the appointment to other clients from our waiting list. We ask clients to make every effort to keep their scheduled appointments to avoid us having to turn other clients away when we are fully booked.

If you do not attend the practice and do not cancel your appointment, on the first occasion we will charge you $35. On the second occasion we will charge you the full cost of the scheduled treatment. On and beyond the third occasion, you will be required to pay for any future appointments in advance.

Any time you do not attend the practice and do not cancel your appointment, we will also cancel any future scheduled appointments. If you do cancel your appointment but provide less than 24 hours notice, you will be charged $25.

For massage appointments, please note that cancellations with less than 24 hours notice or non-attendance incur a $50 fee for a 60min massage and $30 for a 30min massage.

If we are able to fill your appointment a fee will not be charged. It is therefore in your best interest to provide as much notice as possible.

Cancellation fees are not kept by Sport & Spinal Physiotherapy, they are donated to the children we sponsor through World Vision Charity. Motor Accident Insurance and Workers Compensation Insurance does not generally cover charges for non-attendance. These charges will need to be met by the client.